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The Role of “Med Pay” in Florida Slip and Fall Accidents

commercial floorWhen you’ve been injured in an accident, you may be able to pursue a type of medical payment often referred to as “med pay.” While available in some auto accident cases, med pay policies are most often present at condominiums, community and homeowner associations, and retail outlets.

When it comes to premises liability cases, med pay generally refers to a contractual provision within an insurance policy that covers accidents occurring on the insured’s property. “Med pay” is typically available to anyone who is injured in the areas under the control of a business or home. Med pay is not a mandatory coverage but is often found in residential and commercial properties as a “good will” provision to insure people who may be injured on the property.

In most cases, policies simply require proof that the injury occurred and not any information regarding who was at fault. In other words, the plaintiff only needs to show causation:  that the injury resulted from an incident on the property. Once this is established, the injured individual is entitled to obtain money to pay for his or her medical bills up to a certain amount.

Given the low burden of proof, med pay is generally limited to cover only preliminary medical bills. After a slip and fall accident on a property that has med pay coverage, your attorney should gather your medical bills and submit a demand to the insurance company for med pay in the amount of these initial bills.

While the preliminary bills may be paid by med pay, the injured victim will likely still need additional compensation for ongoing treatment. Slip and fall victims have options under Florida law. Typically, a plaintiff can file a negligence claim against the at-fault party. Negligence is the failure to do something with reasonable care. Reasonable care is defined as behaving in a way that a prudent or sensible person would in the same or similar circumstances. Thus, “reasonableness” can vary from one situation to another. In order to succeed on a negligence claim, the plaintiff must establish the following elements. The defendant must have owed the plaintiff a duty of care, the defendant must have breached the duty of care owed to the plaintiff, the plaintiff must have gotten into an accident due to the defendant’s breach, and the plaintiff must have suffered injuries or damages as a result.

If a plaintiff prevails on a negligence claim, he or she may be able to recover compensation for medical expenses, rehabilitation costs, lost wages and income, pain and suffering, and any other costs stemming from the slip and fall.

Immediately after a slip and fall, it is best to consult with an experienced personal injury lawyer who understands this area of law. Robert Dixon is an experienced Miami premises liability attorney who has helped countless clients obtain compensation in their personal injury cases. We understand that dealing with injuries is never easy, which is why you can expect the utmost compassion and respect from our entire team. Our firm proudly represents clients throughout South Florida. Contact us online or call us today at 1-877-499-HURT (4878) for a free, confidential consultation.

More Blog Posts:

Train Accidents in Florida, South Florida Injury Lawyer Blawg, October 10, 2014

Florida Laws Pertaining to Settlements for Minors,  South Florida Injury Lawyer Blawg, September 9, 2014

The Different Statute of Limitations in Florida Boating Accident Cases, South Florida Injury Lawyer Blawg, August 26, 2014